always tell me the odds

The True Intent of SOPA

The Great Firewall of China has been an inapt metaphor for the entirety of its existence. Its purpose is to keep its citizens in rather than to keep invaders out like the original Great Wall. Some will point to its exclusion of non-Chinese companies from the Chinese web space, but ultimately, the government was more than willing to play ball with those who were willing to compromise. The only thing the Great Firewall has in common with the Great Wall, is that they were both built to protect the builders.

Reasons Claimed by SOPA Proponents

The Great Firewall of America is no different. It is being built by the people who would benefit most from its construction. Just take a look at the witness list at the House hearing for the Stop Online Piracy Act (SOPA or H.R. 3261). 5 of the 6 witness list are outspoken advocates for SOPA. Most notable is Michael O’Leary, Senior Executive Vice President of Global Policy and External Affairs for the MPAA (Motion Picture Association of America). During the course of the hearings, O’Leary made multiple fallacious claims that googling names of movies such as “J. Edgar” or “The Grinch Who Stole Christmas” would return pirated versions of the movie. According to O’Leary, this link will show you lists of pirated versions of the movie. I’ll let you judge for yourself the veracity of his claim.

Many in support of the SOPA bill will claim that enforcement would be balanced and fair. They would claim that I am exaggerating the effects of the SOPA bill through hyperbole. During the course of the hearing, Michael O’Leary not only showed support for SOPA, but stated that “the Internet isn’t broken” in places like China and Iran. Wait. Isn’t China the home of some of the worst copyright infringement in the world? O’Leary’s statement must be made from either pure ignorance or to fallaciously support legislation that is not truly intended to protect against copyright infringement. When countries notorious for human rights abuse are held up as successful Internet models, it’s quite apparent that the Great Firewall of America is an apt name for the SOPA construct.

Let’s look at other potential motivations for SOPA. While the name of the bill certainly seems reasonable and desirable, how big of a problem is online piracy? The MPAA published this document about piracy in America. If you analyze their claim that there are $58 billion in losses per year from piracy and that 13% of all adults have pirated, you’ll find that the MPAA claims that your average downloader should be buying 200 more DVD’s a year. Lest we forget, the MPAA has a history of using hyperbole to defend its own interests. In his 1982 testimony, Jack Valenti, former President of the MPAA, stated the following to Congress,

“I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.”

Clearly the effects of the VCR on the media industry was poorly understood and greatly exaggerated by the MPAA. Videotape sales ended up being a significant new revenue stream for the MPAA for many years, even spawning the spinoff media rental industry which still exists today.

Failure to Understand the Internet as as Medium

During the hearing, it became painfully obvious that the proponents of SOPA simply do not understand the Internet as a medium. Representative Ben Quayle expressed concern that there were no successful business models that could survive without SOPA to prevent piracy. Yet services like iTunes, Netflix, and Amazon now represent some of the largest services in media representing billions in revenue every year. Furthermore, there have even recently been disruptive business models like Spotify which have been able to assert themselves in the environment that SOPA proponents claim is not possible to exist in.

It is apparent that proponents of SOPA like the MPAA are simply failing to adapt their business model as technology evolves. In the 1980’s, the MPAA fought against the VCR claiming concerns over about copyright violations. In the 2010’s, the MPAA is fighting against the Internet as a medium. The difference is, this time the stakes are much higher. SOPA’s scope extends far beyond alleged piracy. It creates a web environment almost identical to that of China that restricts internet access, which has recently been declared a human right by the United Nations.

The True Intent of SOPA

If the most recent hearing was any indication, the proponents of SOPA are not interested in working with the technology and Internet industries to find solutions to stem online piracy. When has a fair and balanced discussion ever been held when the debate is stacked 5 to 1? Supporters of SOPA clearly do not understand the Internet as a medium and are constructing a system in which the deck is stacked in their favor. As many tech giants have pointed out, SOPA is devastating to the technology and Internet industries. How long will we suffer the claims that media giants cannot make enough money, even as they are increasing their own compensation?

The Stop Online Piracy Act is being constructed to allow a stranglehold on the American Internet. Make no mistake. Its constructors are building it with this intent in mind. Just like the Great Firewall of China, the Stop Online Piracy Act is a misnomer. Hidden behind an innocuous name, the bill’s intent is not to stem piracy as its proponents suggest, its true intent is to control the Internet itself.

Point taken. I would say though that very few non-techies even know the word torrent has non-aquatic connotations.

I think fundamentally the issue isn’t access. Even if the government restricts internet access by blocking IP’s, pirates will still be using TOR or other VPN means to bypass these blocks and continue to pirate. The issue is more around accessibility of pirated material.

I work on anti-censorship technology for users in China and the Middle East. It’s so sad that while I spend my days and nights helping remove restrictions on people in repressive countries, here in my own free country, the framework for similar restrictions is being constructed.

Thank you for your insightful article. I like that it is based on solid research with supporting links, which makes me feel I can trust your conclusions. I reached the article from a link posted over at http://www.OSNews.com. Perhaps you should send some of your articles over to them for publication.

People are sheeple, and the rich media companies know it. How simple would it be to show the media companies that they provide a service that is not needed to live or thrive. A simple boycott of their goods and services, for a week, or a month, or how ever long it takes would show them they are a ENTERTAINMENT SERVICE and that people can get along fine without them (but the media companies can not get along at all without consumers). But it will never happen. Too many stupid people just can’t go a week without their tv or movies or music to drive the point home (and the media companies know it).

Just tell all the SOPA proponents to go become Wall Street bankers. Nobody stops them from getting every law needed to feed their greed, and grandmothers wouldn’t be getting sued for their entire retirement fund just for grabbing a few albums for free. I believe they call that win/win.

Nathan Guo is a chemical engineer and MBA with experience scaling businesses around the world in China, Germany, and Jordan. He has experience in private equity consulting, venture capital, and web development, and also played poker professionally in the past.